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Minnesota Legislature

Office of the Revisor of Statutes

HF 2910

as introduced - 86th Legislature (2009 - 2010) Posted on 02/11/2010 08:40am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/11/2010

Current Version - as introduced

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A bill for an act
relating to education finance; authorizing school districts to bill nonpublic
schools and charter schools for any unreimbursed pupil transportation costs;
amending Minnesota Statutes 2008, section 123B.92, subdivision 9; Minnesota
Statutes 2009 Supplement, section 124D.10, subdivision 16.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 123B.92, subdivision 9, is amended to read:


Subd. 9.

Nonpublic pupil transportation aid.

(a) A district's nonpublic pupil
transportation aid deleted text beginfor the 1996-1997 and later school yearsdeleted text end for transportation services for
nonpublic school pupils according to sections 123B.88, 123B.84 to 123B.86, and this
section, equals the sum of the amounts computed in paragraphs (b) and (c). This aid does
not limit the obligation to transport pupils under sections 123B.84 to 123B.87.

(b) For regular and excess transportation according to subdivision 1, paragraph (b),
clauses (1) and (2), an amount equal to the product of:

(1) the district's actual expenditure per pupil transported in the regular and excess
transportation categories during the second preceding school year; times

(2) the number of nonpublic school pupils residing in the district who receive regular
or excess transportation service or reimbursement for the current school year; times

(3) the ratio of the formula allowance pursuant to section 126C.10, subdivision 2, for
the current school year to the formula allowance pursuant to section 126C.10, subdivision
2
, for the second preceding school year.

(c) For nonpublic nonregular transportation according to subdivision 1, paragraph
(b), clause (5), an amount equal to the product of:

(1) the district's actual expenditure for nonpublic nonregular transportation during
the second preceding school year; times

(2) the ratio of the formula allowance pursuant to section 126C.10, subdivision 2, for
the current school year to the formula allowance pursuant to section 126C.10, subdivision
2
, for the second preceding school year.

(d) deleted text beginNotwithstanding the amount of the formula allowance for fiscal year 2004
in section 126C.10, subdivision 2, the commissioner shall use the amount of the
formula allowance for the current year minus $415 in determining the nonpublic pupil
transportation revenue in paragraphs (b) and (c) for fiscal year 2004.
deleted text end new text beginA school district
annually may bill a nonpublic school in an amount not to exceed the difference between
the district's actual costs of transporting nonpublic students under this section and the
amount of nonpublic aid received under this section for those transportation services.
new text end

new text begin (e) Notwithstanding sections 123B.84 to 123B.86, a school district is not required
to provide pupil transportation services to a nonpublic school student whose nonpublic
school has an unpaid bill for pupil transportation services under paragraph (d).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for transportation services provided
on or after July 1, 2010, and later.
new text end

Sec. 2.

Minnesota Statutes 2009 Supplement, section 124D.10, subdivision 16, is
amended to read:


Subd. 16.

Transportation.

(a) A charter school after its first fiscal year of operation
by March 1 of each fiscal year and a charter school by July 1 of its first fiscal year of
operation must notify the district in which the school is located and the Department of
Education if it will provide its own transportation or use the transportation services of the
district in which it is located for the fiscal year.

(b) If a charter school elects to provide transportation for pupils, the transportation
must be provided by the charter school within the district in which the charter school is
located. The state must pay transportation aid to the charter school according to section
124D.11, subdivision 2.

For pupils who reside outside the district in which the charter school is located, the
charter school is not required to provide or pay for transportation between the pupil's
residence and the border of the district in which the charter school is located. A parent
may be reimbursed by the charter school for costs of transportation from the pupil's
residence to the border of the district in which the charter school is located if the pupil is
from a family whose income is at or below the poverty level, as determined by the federal
government. The reimbursement may not exceed the pupil's actual cost of transportation
or 15 cents per mile traveled, whichever is less. Reimbursement may not be paid for
more than 250 miles per week.

At the time a pupil enrolls in a charter school, the charter school must provide the
parent or guardian with information regarding the transportation.

(c) If a charter school does not elect to provide transportation, transportation for
pupils enrolled at the school must be provided by the district in which the school is located,
according to sections 123B.88, subdivision 6, and 124D.03, subdivision 8, for a pupil
residing in the same district in which the charter school is located. Transportation may
be provided by the district in which the school is located, according to sections 123B.88,
subdivision 6
, and 124D.03, subdivision 8, for a pupil residing in a different district. If
the district provides the transportation, the scheduling of routes, manner and method of
transportation, control and discipline of the pupils, and any other matter relating to the
transportation of pupils under this paragraph shall be within the sole discretion, control,
and management of the district.new text begin The school district providing pupil transportation services
under this paragraph annually may bill the charter school in an amount not to exceed the
difference between the district's actual costs of transporting charter school pupils under
this paragraph and the amount of aid for transportation services received under sections
124D.11, and 127A.47, subdivision 8, for those transportation services.
new text end

new text begin (d) A school district is not required to provide pupil transportation services to a
charter school student who attends a charter school that has an unpaid bill for pupil
transportation services under paragraph (c).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for transportation services provided
on or after July 1, 2010.
new text end